Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 4770, May 30 | Printed Page 4790, May 30 |
Printed Page 4780 . . . . . Thursday, May 30, 1996
H. 4796--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4796:

H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.
Very respectfully,
President

On motion of Rep. HARVIN, the House insisted upon its amendments.

Printed Page 4781 . . . . . Thursday, May 30, 1996
Whereupon, the Chair appointed Reps. HARVIN, FULMER and KOON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 4434--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4434:

H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.
and asks for a Committee of Conference and has appointed Senators Holland, Hayes and Courtney of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. MARTIN, KNOTTS and D. SMITH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 4614--CONFERENCE REPORT ADOPTED

CONFERENCE REPORT

The General Assembly, Columbia, S.C., May 30, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.
Beg leave to report that they have duly and carefully considered the same and recommend:

Printed Page 4782 . . . . . Thursday, May 30, 1996
That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking SECTION 21 in its entirety.

Renumber SECTIONS to conform.

Amend title to conform.

/s/Thomas L. Moore .......... /s/Mark S. Kelley
Lawrence E. Richter .......... /s/Michael E. Easterday
/s/Michael L. Fair .......... /s/Merita Ann Allison

On Part of the Senate. .......... On Part of the House.

Rep. KELLEY explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

OBJECTION TO RECALL

Rep. BAILEY asked unanimous consent to recall S. 66 from the Committee on Ways and Means.

Rep. TRIPP objected.

OBJECTION TO RECALL

Rep. LITTLEJOHN asked unanimous consent to recall S. 1032 from the Committee on Ways and Means.

Rep. FULMER objected.

OBJECTION TO RECALL

Rep. SIMRILL asked unanimous consent to recall S. 604 from the Committee on Labor, Commerce and Industry.

Rep. MASON objected.

OBJECTION TO RECALL

Rep. SHEHEEN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.

Rep. HALLMAN objected.

H. 4600--CONFERENCE REPORT ADOPTED

CONFERENCE REPORT

The General Assembly, Columbia, S.C., May 30, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 4600 -- GENERAL APPROPRIATION BILL

Printed Page 4783 . . . . . Thursday, May 30, 1996
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:
/s/John Drummond .......... /s/Henry E. Brown, Jr.
/s/J. Verne Smith .......... /s/William D. Boan
/s/Ty Courtney .......... /s/Alfred B. Robinson, Jr.

On Part of the Senate. .......... On Part of the House.

Reps. H. BROWN and BOAN explained the Conference Report.

ACTING SPEAKER CATO IN CHAIR

Reps. H. BROWN and ROBINSON explained the Conference Report.

SPEAKER IN CHAIR

Rep. H. BROWN continued speaking.

Rep. HODGES spoke upon the Conference Report.

RULE 5.14 WAIVED

Rep. BOAN moved to waive Rule 5.14, which was agreed to.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

LEAVES OF ABSENCE

The SPEAKER granted Reps. McELVEEN and CARNELL a leave of absence for the remainder of the day.

H. 4602--CONFERENCE REPORT ADOPTED

CONFERENCE REPORT

The General Assembly, Columbia, S.C., May 29, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Printed Page 4784 . . . . . Thursday, May 30, 1996
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1995-96 the following amounts:

(1) Federal Retiree Settlement. . . . .11,500,000

(2) Catawba Indian Settlement. . . . .2,500,000

(3) Budget & Control Board-

State House Renovation. . . . .4,530,422

(4) State Election Commission-

1996 General Election Expenses. . . . .1,435,190

(5) Department of Public Education-

Instructional Materials. . . . .13,602,951

(6) The South Carolina School for

The Deaf and The Blind-

Facility and Equipment Upgrade. . . . .350,000

(7) Budget & Control Board-

Public Education Technology. . . . .10,000,000

(8) Commission on Higher Education-

Formula Funding. . . . .33,700,000

Funds appropriated for the Higher Education formula shall be used only for nonrecurring purposes.

(9) University of South Carolina-

Institute of Public Affairs. . . . .300,000

(10) South Carolina Department of

Labor, Licensing and Regulation-

Fire Academy-Equipment and

Dry Hydrants. . . . .450,000

The Department of Labor, Licensing and Regulation is directed to coordinate with the Low Country Resource Conservation and Development Council to distribute the funds provided herein for the purchase of materials associated with the installation of Dry Fire Hydrants.

(11) John De La Howe School-

Building Maintenance. . . . .65,000

(12) Human Affairs Commission-

Computer Upgrade. . . . .24,000

(13) Wil Lou Gray-

Dorm Furniture and Equipment. . . . .165,000

Printed Page 4785 . . . . . Thursday, May 30, 1996
(14) Wil Lou Gray-

Replace Telephone System. . . . .50,000

(15) Department of Agriculture-

Horticulture Building. . . . .200,000

(16) Department of Natural Resources-

(a) Game-Construction/Renovate Facilities. . . . .509,775

(b) Marine Resources - Equipment. . . . .300,000

(c) Water Resources - Equipment. . . . .154,000

(d) Geology Equipment and Vehicles. . . . .53,520

(17) Clemson Public Service Activities-

Plant Industries Research Complex and

Other. . . . . 600,000
Total Capital Reserve Fund

Appropriation. . . . .80,489,858

SECTION 2. This joint resolution takes effect thirty days after the completion of the 1995-96 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./

Amend title to conform.

/s/Senator John Drummond .......... /s/Rep. Henry E. Brown, Jr.
/s/Senator J. Verne Smith .......... /s/Rep. William D. Boan
/s/Senator Ty Courtney .......... /s/Rep. Alfred B. Robinson, Jr.

On Part of the Senate. .......... On Part of the House.

The question then recurred to the adoption of the Conference Report.

The yeas and nays were taken resulting as follows:

Yeas 91; Nays 0

Those who voted in the affirmative are:

Allison              Bailey               Baxley
Beck                 Boan                 Breeland
Brown, G.            Brown, H.            Brown, T.
Byrd                 Cain                 Canty
Cato                 Cave                 Chamblee
Clyburn              Cobb-Hunter          Cooper
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday
Felder               Fleming              Fulmer
Gamble               Govan                Harrell
Printed Page 4786 . . . . . Thursday, May 30, 1996
Harris, J.           Harris, P.           Hines, J.
Hodges               Howard               Hutson
Inabinett            Jennings             Keegan
Kelley               Keyserling           Kinon
Kirsh                Lanford              Law
Limbaugh             Limehouse            Littlejohn
Lloyd                Loftis               McCraw
McMahand             McTeer               Meacham
Neal                 Neilson              Phillips
Quinn                Rice                 Richardson
Riser                Robinson             Sandifer
Seithel              Sharpe               Sheheen
Simrill              Smith, D.            Smith, R.
Spearman             Stille               Stoddard
Stuart               Townsend             Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whatley              Whipper, L.          Whipper, S.
Wilder               Wilkes               Wilkins
Witherspoon          Wofford              Young
Young-Brickell

Total--91

Those who voted in the negative are: 





Total--0



So, the Conference Report was adopted and a message was ordered sent to the Senate
accordingly.



MESSAGE FROM THE SENATE



The following was received.

Columbia, S.C., May 30, 1996

Mr. Speaker and Members of the House:


The Senate respectfully informs your Honorable Body that it has adopted the Report of the
Committee of
Conference on H. 4600:


H. 4600 -- GENERAL APPROPRIATION BILL

Very respectfully,

President


Received as information.



Printed Page 4787 . . . . . Thursday, May 30,
1996




MESSAGE FROM THE SENATE



The following was received.

Columbia, S.C., May 30, 1996

Mr. Speaker and Members of the House:


The Senate respectfully informs your Honorable Body that it has adopted the Report of the
Committee of
Conference on H. 4602:


H. 4602 -- Ways and Means Committee:  A JOINT RESOLUTION TO APPROPRIATE
MONIES FROM
THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.

Very respectfully,

President


Received as information.



H. 5041--COMMITTEE OF CONFERENCE APPOINTED



The following was received from the Senate.



MESSAGE FROM THE SENATE



Columbia, S.C., May 30, 1996

Mr. Speaker and Members of the House:


The Senate respectfully informs your Honorable Body that it insists upon its amendments to:


H. 5041 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend and
Tucker: 
A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III,
SECTION 21,
OF THE CONSTITUTION OF THIS STATE, WHEN THE RESPECTIVE HOUSES OF THE
GENERAL ASSEMBLY ADJOURN ON TUESDAY, MAY 28, 1996, EACH HOUSE SHALL
STAND
ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, JUNE 5, 1996, AND ON
THURSDAY,
JUNE 6, 1996, TO ADJOURN NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION
OF
SPECIFIED MATTERS; TO PROVIDE THAT PURSUANT TO SECTION 2-1-180 OF THE
1976
CODE, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 6, 1996, NOT LATER
THAN
5:00 P.M., IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY,
JUNE 13,
1996, TO CONTINUE IF NECESSARY UNTIL FRIDAY, JUNE 14, 1996, NOT LATER
THAN 5:00
P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS, TO PROVIDE THAT WHEN
EACH
HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 14, 1996, IT
SHALL
STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 24, 1996, TO
CONTINUE IF
NECESSARY UNTIL TUESDAY, JUNE 25, 1996, NOT LATER THAN 5:00 P.M. FOR



Printed Page 4788 . . . . . Thursday, May 30,
1996



THE CONSIDERATION OF VETOES ONLY, AND TO PROVIDE THAT WHEN EACH
HOUSE OF
THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN 5:00 P.M. ON TUESDAY,
JUNE 25,
1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

and asks for a Committee of Conference and has appointed Senators Holland, Moore and
McConnell of
the Committee of Conference on the part of the Senate.


Very respectfully,

President


Whereupon, the Chair appointed Reps. D. SMITH, BOAN and HARRELL to the Committee of
Conference on the part of the House and a message was ordered sent to the Senate accordingly.



ACTING SPEAKER CATO IN CHAIR




MESSAGE FROM THE SENATE



The following was received.

Columbia, S.C., May 30, 1996

Mr. Speaker and Members of the House:


The Senate respectfully informs your Honorable Body that it has appointed Senators Short,
Courtney and
Washington of the Committee of Conference on the part of the Senate on H. 4789:


H. 4789 -- Rep. Harrison:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA,
1976, BY ADDING SECTION 20-7-949 SO AS TO REQUIRE AN APPLICANT FOR A
BUSINESS,
OCCUPATIONAL, PROFESSIONAL, HUNTING, FISHING, OR DRIVER'S LICENSE OR
WATERCRAFT REGISTRATION OR FOR RENEWAL OF A LICENSE OR
REGISTRATION TO
SUBMIT THE APPLICANT'S SOCIAL SECURITY NUMBER TO THE LICENSING
ENTITY; TO
AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR
EMPLOYING AID
TO FAMILIES WITH DEPENDENT CHILDREN RECIPIENTS, SO AS TO REVISE THE
CRITERIA
FOR OBTAINING THIS CREDIT AND TO PROVIDE THAT UNUSED CREDIT MAY BE
CARRIED
FORWARD; TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, AS
AMENDED,
RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO
DEFINE
"TRIBUNAL" AS NOT ONLY THE FAMILY COURTS OF THIS



Printed Page 4789 . . . . . Thursday, May 30,
1996



STATE BUT ALSO THE SUPPORT ENFORCEMENT AGENCY AND TO CHANGE
REFERENCES
FROM "FAMILY COURT" TO "TRIBUNAL"; TO AMEND
SECTIONS
20-7-9505, 20-7-9510, 20-7-9515, 20-7-9520, 20-7-9525, 20-7-9530, 20-7-9540, 20-7-9545,
AND
20-7-9560, ALL RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING
AND
ENFORCING PATERNITY AND CHILD SUPPORT, SO AS TO CLARIFY THAT THE
"DIRECTOR" OF THE CHILD SUPPORT ENFORCEMENT DIVISION
INCLUDES THE
DIRECTOR'S DESIGNEES, TO CLARIFY THE NAME OF THE ADMINISTERING
AGENCY, TO
REVISE AND DELETE OBSOLETE TERMS, TO CLARIFY IN WHICH COUNTY
VARIOUS
DOCUMENTS MUST BE FILED, AND TO REVISE PROCEDURAL TIME FRAMES; TO
AMEND
SECTION 43-5-1125, RELATING TO SANCTIONS FOR FAILING TO COMPLY WITH
WELFARE
AGREEMENTS, SO AS TO CLARIFY THAT AN AFDC RECIPIENT WHO MEETS
CERTAIN
CRITERIA IS NOT REQUIRED TO COMPLY WITH EMPLOYMENT AND TRAINING
PROVISIONS
IN THE AGREEMENT; TO AMEND SECTION 43-5-585, RELATING TO THE
REPORTING OF
CHILD SUPPORT ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO
AS TO
PROVIDE THAT INFORMATION MUST BE PROVIDED ON PERSONS WHO ARE IN
ARREARS IN
AN AMOUNT EQUAL TO TWO MONTHS' SUPPORT OBLIGATION RATHER THAN ON
PERSONS WHO HAVE NOT MADE A PAYMENT FOR TWO CONSECUTIVE MONTHS;
TO
AMEND SECTION 43-5-1155, RELATING TO ENTREPRENEURIAL DEVELOPMENT, SO
AS TO
EXPAND THE DEPARTMENT'S AUTHORITY AND A CLIENT'S OPPORTUNITIES
UNDER THIS
PROGRAM; TO AMEND SECTION 43-5-1170, RELATING TO TIME LIMITATIONS
PLACED ON
RECEIVING WELFARE, SO AS TO PROVIDE THAT AN EXEMPTION APPLIES TO A
PERSON
WHO IS PERMANENTLY AND TOTALLY DISABLED RATHER THAN TO ONE WHO IS
TOTALLY OR PERMANENTLY DISABLED; AND TO AMEND SECTION 43-5-1240,
RELATING
TO TRANSITIONAL MEDICAID AND CHILD CARE, SO AS TO PROVIDE TWO YEARS
RATHER
THAN ONE YEAR OF TRANSITIONAL CHILD CARE AND



Printed Page 4790 . . . . . Thursday, May 30,
1996



MEDICAID TO A PERSON WHO BECAME EMPLOYED AFTER LOSING ELIGIBILITY
DUE TO
EXCEEDING THE TWENTY-FOUR MONTH TIME LIMIT.

Very respectfully,

President


Received as information.






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